Bourne Grammar School Response
Introduction
The Bourne United Charities (BUC) has continued to investigate the issues raised when they rejected the Bourne Grammar School’s (BGS) application to become an Academy Trust. The then BUC Chairman, Mr Robert Brown and Father Chris Atkinson have continued to examine the issues and to raise the BUC’s concerns with a number of parties to seek clarification
General
The points raised in our original document, also posted on the website, are still essentially correct. However, our priority must be to ensure that there are sufficient opportunities for students to achieve the best possible standards
Grammar School Legal Status
Father Chris Atkinson and Robert Brown met with representatives of the Governing body of the School and representatives from the Department of Education. The BUC had also taken advice from Queen’s Council. Legal aspects of the change were discussed and questions posed by both the BGS and the BUC.
Selection has been a major part of the admission process to the school and therefore an integral part of the Legal Status. The Government could at any time remove selection although this seems unlikely. Under the terms of the Academy Trust both the D of E and the BGS have to give 7 years notice to terminate the contract of the Trust. However, this could be waivered in certain circumstances by the Secretary of State and the length of notice depends on the reason why it was necessary.
The only other time that the selection process could be changed/removed is by the school itself and only then with the consent of the Governors and Parents.
Bourne Education Foundation/Land
Following lengthy dialogue with our legal council and in correspondence with the Charity Commission it has become apparent that the Covenant is no longer fit for purpose. We accept that the under the Articles of Governance made by the Minister of Education 1947 and the1960 Charities Act substantially changed how the Foundation should be organised and that the land, provided by BUC, should be vested to the Offical Custodian as requested by the Charities Commission.
Our concern was then that any agreement, without a reverter clause, would result in the land (7.5 acres) being disposed of without being returned to the BUC. This is a substantial asset and was part of a gift to the people of Bourne. Our legal council has now confirmed that as we have proof of original ownership then in the event of School moving, however unlikely, then the land would once more return to the Bourne Education Foundation.
The BEF has four Trustees appointed by the BUC plus the Vicar who is ex officio. Following correspondence with the Charities Commission, it was their opinion that all the School Governors were Trustees of the BEF. Council has stated that, “their duties are not co-terminus with their duties of Governors”. The Foundation has parochial responsibilities as well as administering funds for the four other Bourne Schools. We felt that there was no real desire on the part of the School Governors to administer the BEF and this aspect can be devolved to the original Trustees and they can continue to serve as Governors of the School. The next step is to discuss these issues with representatives of the Governors and the BUC is grateful to the Governors for their continued support.
These matters were discussed at an extraordinary meeting of the BUC and it was decided to give permission to the School to apply to become an Academy Trust. This was subject to a satisfactory conclusion to negotiations concerning the continuation of selection, the structure and role of the BEF and the continuing beneficiary interest in land sold which has been held in trust by the Official Custodian on behalf of the BEF. The motion was carried with one vote against. The BUC appreciate that this has been frustrating for the School but we felt the issues of the land, the BEF and the Grammar School Legal Status needed to be resolved. There is still work to be done but we wish the School success in their application.
24-06-11